Dillon’s Law

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3910 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3910

   To amend the Public Health Service Act to give a preference, with 
 respect to project grants for preventive health services, for States 
that allow all trained individuals to carry and administer epinephrine, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2023

 Mr. Grothman (for himself and Mrs. Dingell) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to give a preference, with 
 respect to project grants for preventive health services, for States 
that allow all trained individuals to carry and administer epinephrine, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Dillon's Law''.

SEC. 2. PREFERENCE FOR STATES THAT ALLOW ALL TRAINED INDIVIDUALS TO 
              CARRY AND ADMINISTER EPINEPHRINE.

    Section 317 of the Public Health Service Act (42 U.S.C. 247b) is 
amended by adding at the end the following:
    ``(o) Preference.--
            ``(1) In general.--In awarding grants under this section, 
        the Secretary shall give preference to any State that--
                    ``(A) permits all trained individuals to carry and 
                administer epinephrine to any individual reasonably 
                believed to be having an anaphylactic reaction; and
                    ``(B) provides to the Secretary the certification 
                described in paragraph (2).
            ``(2) Civil liability protection law.--The certification 
        described in this paragraph is a certification made by the 
        attorney general of the State that the State--
                    ``(A) has a civil liability protection law;
                    ``(B) has reviewed such law to determine the 
                application of such law with regard to a trained 
                individual who may administer epinephrine to another 
                individual reasonably believed to be having an 
                anaphylactic reaction; and
                    ``(C) has concluded that such law provides adequate 
                civil liability protection applicable to such a trained 
                individual.
            ``(3) Rule of construction.--Nothing in this subsection 
        creates a cause of action or in any other way increases or 
        diminishes the liability of any person under any other law.
            ``(4) Definitions.--For purposes of this subsection:
                    ``(A) The term `civil liability protection law' 
                means a State law offering liability protection to 
                individuals who give aid on a voluntary basis in an 
                emergency to an individual who is ill, in peril, or 
                otherwise incapacitated.
                    ``(B) The term `trained individual' means an 
                individual--
                            ``(i) who has received training in the 
                        administration of epinephrine; and
                            ``(ii) whose training in the administration 
                        of epinephrine meets appropriate medical 
                        standards and has been approved by the 
                        State.''.
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